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Munoz de Real v. Holder

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ARGUED JANUARY 11, 2010

Before EASTERBROOK, Chief Judge, KANNE, Circuit Judge, and KENNELLY, District Judge.*fn1

Manuel Antonio Munoz de Real is a Mexican citizen and national. He was a legal permanent resident of the United States until 2001, when an immigration judge ordered him removed to Mexico after he was convicted of a felony drunk driving charge in Indiana. In 2007, Munoz de Real filed a motion to reopen the removal proceedings on the ground that based on intervening developments in the law, the offense of which he was convicted was not a proper basis for removal. The immigration judge (IJ) denied the motion, holding that 8 C.F.R. § 1003.23(b)(1) divests the immigration court of jurisdiction to hear a motion to reopen from an alien who has already left the country. The Board of Immigration Appeals (BIA) affirmed the IJ’s order. Munoz de Real filed a petition for review. For the reasons set forth below, we deny the petition.

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